| Skynews reporting Chauvin verdict in 45 mins... 20:51 - Apr 20 with 3775 views | bluelagos |
Fingers crossed |  |
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| Skynews reporting Chauvin verdict in 45 mins... on 15:30 - Apr 21 with 364 views | bluelagos |
| Skynews reporting Chauvin verdict in 45 mins... on 14:35 - Apr 21 by factual_blue |
I don't think you get charged with both in the UK. The CPS would, I think, direct which charge to bring.
If the more serious charge of murder, then the alternative offence of manslaughter can be introduced and argued in court. Sometimes the prosecution might accept that proposition (if put forward by the defence), other times not. Equally the judge may direct that the case proceeds on the basis of manslaughter.
I don't understand the US approach. I'd can see the 'back-up' charges argument, but surely once the most serious charge is proved (as was the case with Chauvin), then there's no point in proceeding with the other two. In other words, as soon as you hit a 'guilty' verdict, the other charges become irrelevant. |
https://www.cps.gov.uk/legal-guidance/homicide-murder-and-manslaughter
"If...the jury cannot reach a verdict in relation to the first count (murder), but return a verdict of guilty in relation to the alternative count (manslaughter), then the prosecution should not seek a retrial on the first count (murder)."
So you don't get sentenced for both, but both are considered / prosecuted together. | |
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| Skynews reporting Chauvin verdict in 45 mins... on 15:40 - Apr 21 with 340 views | StokieBlue |
| Skynews reporting Chauvin verdict in 45 mins... on 14:04 - Apr 21 by bluelagos |
I think what they were doing was making sure that if the jury found him not guilty of second degree murder, there was still the back up of him having to answer the charge of manslaughter.
Sometimes it happens if the UK where someone may be charged with both manslaughter and murder. |
I also find this strange.
How can one be found guilty of murder with and without intent? Those seem mutually exclusive positions.
I would have thought that being found guilty of the maximum offence would mean that manslaughter would be dropped as it can't be true.
SB [Post edited 21 Apr 2021 15:42]
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| Skynews reporting Chauvin verdict in 45 mins... on 17:59 - Apr 21 with 289 views | SpruceMoose |
| Skynews reporting Chauvin verdict in 45 mins... on 15:40 - Apr 21 by StokieBlue |
I also find this strange.
How can one be found guilty of murder with and without intent? Those seem mutually exclusive positions.
I would have thought that being found guilty of the maximum offence would mean that manslaughter would be dropped as it can't be true.
SB [Post edited 21 Apr 2021 15:42]
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Second degree murder - Not intending to kill Floyd but definitely intending to commit felony assault, one of the outcomes of which could be death.
Third degree murder with reckless disregard - Not actually intending to kill Floyd, but Chauvin must have known what he was doing could cause death, but didn't care.
Second degree manslaughter with gross negligence - No intent to kill but Chauvin's actions were carried out with a high degree of negligence causing a danger to Floyd's safety.
I think when set out like that the convictions make a little more sense. |  |
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